Please take time to read these Terms and Conditions carefully. These Terms and conditions apply to your account and your activities on our site. If you do not fully agree to these conditions, please do not use the site.
Overview: This website, cinetrain.com, and all subdomains of cinetrain.com, hereinafter referenced as site or website, are operated by Exploring Potential Solutions LLC.
1. Acceptance of the Terms and Conditions
(a) By using the website, you agree to be bound by these Terms and Conditions, whether you are looking at the website as a “visitor” (by simply browsing or otherwise accessing the website), as a “registered user” (any person who registers as a member of the website by entering their details and creating an account) or otherwise accessing or using the site. You also agree to make timely payments as required by any purchase order or terms of service you have entered into with Us.
(b) The Terms “you” or “users” refer to all visitors and registered users
(c) If you do not agree to or abide by these Terms and Conditions, you should not visit or use the website.
2. Changes to the Terms and Conditions
(a) Exploring Potential Solutions LLC (referred to herein depending on context as “Us,” “Our,” “We,” and similar pronouns) reserve the right to change, modify, add or remove any portion of these Terms and Conditions at any time, and to modify the site at any time. Changes to these Terms and Conditions will be effective on the date that they are posted on the website. Please check the website from time to time to see if any changes to the Terms and Conditions have been made.
(b) If you do not agree with the changes, you may terminate your membership as a registered user and discontinue using the website. Your use or continued use of the website after any changes to the Terms and Conditions are posted on the website will indicate your agreement to such changes.
3. Changes to Our Services
We may terminate, change, suspend, or discontinue any aspect of the website, including but not limited to the LMP Modules, billing and pricing structure and policies, the functionality, content and hours of availability of the website at any time. Such changes, modifications, additions or deletions to the website and/or LMP Modules shall be effective immediately.
4. Registered Users
(a) To become a registered user you must register. When you register or access the site, you agree to these Terms and Conditions and (i) ensure Us that the information you submit is truthful and accurate and complies with these Terms and Conditions, as We are entitled to rely on any information which you submit to Us and (ii) you agree to maintain the accuracy of such information but updating it as necessary to ensure continued accuracy;
(b) Each registration is valid for a single user only. We recommend that you do not select an obvious password (such as your name).
(c) You agree to be responsible for all use of the website made by you or someone else using your username and password and for preventing unauthorized use of your username and password.
5. Permitted Use
(a) The content on the website, include without limitation, the text, data, software, scripts, graphics, photos, videos, interactive experiences, features (“Content”) and the trademarks, names and logos contained therein (“Marks”), are owned by or licensed to Us, subject to copyright and other intellectual property and similar rights.
(b) We grant you a limited, revocable, non-sublicensable licence to copy, print, reproduce, store and display the Content and Marks solely for your personal use in connection with and when actually viewing the website and using the LMP Modules. The licensing does not extend to storing any of the website’s content off-line or during any period when you are not actively accessing the website, or any manipulation of any of the data on the site.
(c) We ARE NOT RESPONSIBLE FOR ANY INACCURACIES CONTAINED IN ANY OF THE INFORMATION PROVIDED, AND MAKE NO WARRANTY THAT THE INFORMATION CONTAIN ON THE SITE IS ACCURATE, COMPLETE OR UP TO DATE.
(d) By using this platform you acknowledge that various user statistics, engagement and educational analytics will be gathered by Us. To the fullest extent allowed by law, this data may be used by Us to improve the platform and to provide usage, training response metrics and other data to Our clients and others. We will own that data outright, and may monetize it for Our benefit without notice to You.
6. Restriction on use of the Services and Content You Post to the Site
(a) You may not otherwise copy, reproduce, publish, adapt, create derivative works of, store, distribute, transmit, broadcast, publicly display, sell, license, or otherwise commercially exploit the Content and Marks appearing on the website, other than the content that You have created and You have placed on the site.
(b) You may not, without Our prior written consent: (i) remove the copyright or trademark notice from any copies of the Content made under these Terms and Conditions; (ii) create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing all or any of the Content; (iii) frame or harvest the Content; or (iv) use the Content for any purpose other than the deployment of Your training materials.
(c) You agree that you will not use the website to transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the website. You agree that you will not use this website for any illegal purpose whatsoever, and if you do so, you are obligated to indemnify Us and hold Us harmless for any claims related to such illegal use.
7. Billing, Cancellation and Termination
(a) You agree to pay all fees associated with your use of the site on a timely basis. You agree that if you do not timely remit payment, We can remove your Content and terminate your access to the site without liability to You or any other person. No portion of any fee is refundable.
(b) If you are a registered user and no longer wish to receive any information or notifications from us, you may terminate your registration at any time by contacting Us at hello at cinetrain dot com and deleting your account from the account settings screen.
(c) We have the right to terminate your account at any time if We consider or reasonably suspect that your use of the website or LMP Modules breaches these Terms and Conditions or any applicable law. In the event that We terminate the Terms and Conditions and your access to the website, your user name and password will be disabled immediately if you are registered user.
8. Exclusion of Warranty
(a) Exploring Potential Solutions LLC makes no warranty about the usefulness, accuracy or appropriateness of any Content on the site, and assumes no responsibility to edit Content or police Content.
(b) The information and materials provided in or through this website may not be applicable in all (or any) jurisdictions or situations. Any legal or regulatory material posted by any business should not be acted upon without specific legal advice based on particular circumstances. Moreover, the information and materials provided in or through this website, including any hyperlinks, may not reflect the most current legal developments and do not necessarily indicate future developments in the field of privacy or data protection.
(c) You agree that the use of this website is at your sole risk. Neither Us, Our affiliates nor any of Our respective employees, agents, third party content providers or licensors warrant that this website will be uninterrupted or error free; nor do they make any warranty as to the accuracy, completeness, availability, reliability or content of any information or LMP Modules provided through this website.
(d) We are not responsible for actions based on the Content of the site taken by you or by third-parties. Further, We do not warrant or represent that the materials contained on the site will protect you from actions by regulators or others. Therefore, you covenant not to sue Us or involve Us in any dispute regarding the accuracy or completeness of the content of the site, and to hold Us harmless in any such dispute.
9. Limitation of liability
(a) Nothing in these Terms and Conditions shall be construed to exclude Our liability for fraud or intentionally illegal actions by Us.
(b) Subject to the above, under no circumstances will We be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits and savings;
(c) loss of business;
(d) loss of opportunity;
(e) loss of goodwill or injury to reputation;
(f) losses suffered by third parties;
(g) losses occasioned by Our negligent conduct;
(h) any indirect, consequential, special or exemplary damages arising from your use of the website; or (i) any compliance or regulatory violation resulting from incorrect or incomplete LMP modules.
10. Indemnity
You agree to indemnify and hold us, Our shareholders, members and affiliates, and Our respective, agents, partners and employees harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of:
(a) your use of the website in violation of these Terms and Conditions; and
(b) any other breach of these Terms and Conditions. By posting Content to this site, you represent and warrant to us that you have the unconditional right to use and license both the Content and the Marks you post to the site. You also agree to defend and hold Exploring Potential Solutions LLC harmless and defend Exploring Potential Solutions LLC and its affiliates against any claim, suit or proceeding brought against Exploring Potential Solutions LLC and/or its affiliates which is based on a claim, whether rightful or otherwise, that the content that you have placed on the site or your utilization of the site, or any part thereof, constitute(s) an infringement of any patent, copyright, intellectual property right, trade secret or the like, and that You shall pay all damages, losses, royalties, profits, costs, and expenses, including attorneys fees, arising from such claims.
11. Dispute Resolution
Any and all disputes arising from use of the site shall be resolved exclusively in the state and federal courts situated in the state of Michigan. Any user that is not a resident of Michigan hereby voluntarily consents to the exclusive jurisdiction of the Courts Michigan through their use of the site. All disputes shall be resolved exclusively under Michigan law.
12. Complete Agreement
These Terms and Conditions cannot be modified except by Us via posting the same to the site, or by an express, written agreement signed by both you and Us.